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(영문) 부산고등법원 2020.05.22 2019누23692
업무정지등처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the allegations emphasized or added by the plaintiff, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional determination

A. Article 23(1) of the Administrative Procedures Act provides that a disposition of this case is null and void because it does not specify the grounds for the disposition in detail. Article 23(1) of the Administrative Procedures Act provides that an administrative agency shall provide the grounds and reasons to the parties when it takes a disposition, which shall exclude arbitrary decisions of the administrative agency and allow the parties to properly cope with the administrative remedy procedure. Thus, in full view of the contents stated in the disposition and relevant Acts and subordinate statutes, and the overall process up to the disposition, where it is sufficiently known that the parties to the disposition were made at the time of the disposition, and it is deemed that there was no particular hindrance to the administrative remedy procedure due to objection, even if the grounds and reasons for the disposition are not specified in the disposition, such disposition cannot be deemed unlawful (see, e.g., Supreme Court Decisions 2007Du20348, Dec. 10, 2009; 2012Du12570, Sept. 4, 2014).

① The instant disposition Form B.

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